Basics of a Medical Malpractice Claim
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What Is Medical Malpractice?
Medical malpractice occurs when a doctor or medical staff member injures a patient in the context of providing medical care, such as performing surgery or prescribing medicine for medical problems like uterine fibroids. Below is the overview of the medical malpractice process.
What Are the Basics of Medical Malpractice?
To successfully establish a medical malpractice case, the patient must prove the following elements:
- A doctor-patient relationship existed
- The doctor or staff member was negligent
- The doctor or staff member’s negligence caused the injury
- The injury made you suffer the damages that you are attempting to recover.
Even if you successfully establish these four elements, it does not mean you will win your case. The doctor is permitted to have defenses to your claim.
What Are Typical Malpractice Cases?
Your doctor could have done many different things to cause your injuries. Some common medical malpractice suits include:
- Failure to diagnose
- Failure to disclose of known risks
- Improper or non-consent treatment
Is There Anything Else I Need to Worry About?
Medical malpractice cases have short statute of limitations, meaning that they must be filed soon after the injury occurs. Generally, they must be filed within a year of the injury. Although some exceptions do apply, it is best to file as soon as possible.
All medical malpractice cases require expert witnesses. These expert witnesses will attest to the standard of care that you should have receive and testify to what type of care you received.
Consulting an Attorney
Since medical malpractice cases are technical and complex, it is very important to contact a medical malpractice lawyer. Your lawyer will help you throughout the case and even help you locate expert witnesses.
Consult a Lawyer - Present Your Case Now!
Last Modified: 12-07-2015 02:05 PM PST
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